Disclaimer: This article does not constitute legal advice. It provides general information about transferring out-of-state property interests when all heirs agree.
Detailed Answer
Arizona’s summary probate rules for real property generally apply only to property located within Arizona (ARS § 14-3971). When the decedent owned real estate outside Arizona, you must follow the probate or summary transfer procedures imposed by the state where the property sits. If all heirs agree and the estate qualifies as a small estate under that state’s law, you can often avoid formal ancillary probate by using a simplified transfer method.
Step 1: Gather Required Documents
- Certified death certificate of the decedent.
- Original will (if any) or an affidavit of heirship signed by all heirs.
- Proof of ownership, such as the recorded deed.
Step 2: Determine Whether Ancillary Probate Is Required
Review the probate rules in the state where the property is located. Many states allow a “small estate” or “summary probate” procedure for estates below a certain value. If the real property or entire estate falls under that value, formal ancillary probate may not be necessary.
Step 3: Use the State’s Small Estate or Summary Transfer Procedure
Most states provide a statutory affidavit or petition that heirs can file to transfer title outside of full probate. For example, in California estates valued under $184,500 may qualify for a small estate affidavit (Cal. Prob. Code § 13100). Check the local statute for the threshold, required notices, and waiting periods.
- Prepare the small estate affidavit or petition, listing all heirs and confirming the value of the estate.
- Have each heir sign under penalty of perjury.
- File the affidavit with the probate court or county clerk as required.
Step 4: Record the Transfer with the County Recorder
Once the court accepts the affidavit or issues a summary order, obtain certified copies and record them with the county recorder in the county where the property sits. This step legally transfers title to the heirs.
Helpful Hints
- Confirm the small estate threshold in the jurisdiction where the property is located.
- Ensure all heirs’ names and addresses are accurate on the affidavit.
- Check whether the state requires creditor notice or a waiting period.
- Pay all applicable filing and recording fees to avoid delays.
- Consult a local attorney if you encounter title issues or creditor claims.